A Study on limit of Policeman's Exertion in Police Questioning

불심검문시 경찰관의 유형력행사의 한계

  • 유인창 (중부대학교 경찰행정학과)
  • Received : 2012.10.30
  • Accepted : 2012.11.20
  • Published : 2012.11.30


Police questioning is police measure for acquiring information or inquiring an identification without questionee's will in order to accomplish the goal under the Police Act. However, like spear and shield, it has its own inherent limits between both sides of public power and human right and has stirred an hot issue in our society for longtime. The core problem is whether policeman can force a questionee stop when the questionee refuses policeman's stop requirement, the first step for police questioning. Some opinions argue that police questioning has somewhat effects on crime prevention and suspect arrest but people still have inconvenience and refusal from experiences of reckless police questioning in the past. Because of this, the police needs to recover people's trust on police questioning. In order to do so, in case of police questioning, human right should be superior to crime prevention or suspect arrest. This is the time's call. So when there is a police questioning, policeman's exertion of it on the questionee who refuse it should be conducted under strict conditions.